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Council Minutes 2013-05-06

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Council Minutes 2013-05-06 Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerks office at (319) 753-8124. MINUTES OF THE PROCEEDINGS OF THE BURLINGTON, IOWA CITY COUNCIL Meeting No. 33 May 6, 2013 The Burlington City Council met in regular session at 6:30 p.m. in the Thomas J. Smith Council Chambers, City Hall with Mayor Davidson, Council Members Anderson, Fleming and McCampbell present. Council Member Reed was absent. BURLINGTON CITY COUNCIL PROCLAMATIONS: Historic Preservation Month - Steve Frevert Building Safety Month - Eric Tysland 2012 Officer of the Year, Officer Jim Ruberg PRESENTATION: By Fraternal Order of Eagles, Aerie #150 to Present Lew Reed Spinal Cord Injury Fund Grant to the Burlington Fire Department DISCUSSION: Bob Boyle, past president of the Eagles Club, presented the Fire Department with a check for $5,000.00. Robert Berndt, firefighter/paramedic stated that the Fire Department would use the $5,000.00 to purchase five new bone injection drills for the Burlington Fire Department. Mayor Davidson stated his appreciation to the Fraternal Order of Eagles, Aerie #150 for their donation. All present had opportunity to speak and nothing additional was filed in office of the City Clerk. CONSENT AGENDA: To the Public: All matters listed under Item I., Consent Agenda, having been discussed were considered to be routine by the City Council and were enacted by one motion. There was no separate discussion of these items. If discussion was desired, that item was removed from the Consent Agenda and was considered separately. Introduced By: Fleming Seconded By: McCampbell MOTION: To approve all items listed under Item I., Consent Agenda. DISCUSSION: Mayor Davidson reviewed the items listed on the consent agenda to the viewing audience. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk. (VOTE: 4 - AYES) CARRIED HEARINGS: 1. Statement: Consideration of an Ordinance Amending Various Sections of Ch apter 166, Construction Board of Appeals of the City of Burlington Municipal Code COMMENTS: The Parks and Development Director stated that the proposed Ordinance amends the Construction Board of Appeals to allow the board to hear and decide appeals regarding the technical interpretation of provisions of the Citys adopted fire code. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk. Introduced By: Fleming Seconded By: Anderson Motion to Close CARRIED Introduced By: Fleming Seconded By: Anderson Motion for Preliminary Adoption of the First Reading of an Ordinance Ame nding Various Sections of Chapter 166, Construction Board of Appeals of the City of Burlington Municipal Code DISCUSSION: None. (VOTE: 4 - AYES) CARRIED 2. Statement: Consideration of Greater Burlington Bicycle and Pedestrian Pl an COMMENTS: Zach James of the Southeast Iowa Regional Planning Commission reviewed with Council and the viewing audience the Greater Burlington Bicycle and Pedestrian Plan. He explained that the purpose of the document is to create a strategic plan for the development of a bicycle and pedestrian system within the Greater Burlington area that will focus on building a safe, connected and easily accessible network of sidewalks, trails, and on road bicycle facilities. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk. Introduced By: Fleming Seconded By: McCampbell Motion to Close CARRIED Introduced By: Fleming Seconded By: McCampbell Resolution Approving Greater Burlington Bicycle and Pedestrian Plan DISCUSSION: Council Member Anderson stated that she supports the Greater Burlington Bicycle and Pedestrian Plan for the community. She hoped that the plan would make young people want to live in Burlington. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk. (VOTE: 4 - AYES) ADOPTED 3. Statement: Consideration of Approving $1,000,000 Sewer Revenue Planning and Design Loan from State Revolving Fund Program COMMENTS: The City Manger stated that the City has already gone through the request for qualifications for design of the MASL Sewer Separation Project. He stated that the next step was to enter into a contract with RJN Group, Inc. for the design work. He stated that the estimated cost of the design work was $900,000.00, which is dependent on smoke testing. He stated the City would be financing the design work with a $1,000,000.00 Sewer Revenue Planning and Design Loan from the State Revolving Fund Program. He explained that the first three years were at 0% interest during the design work then the City will roll the cost of the design work into a final SRF borrowing for the construction for the MASL project. He stated that repayment of the principal would begin after the first construction phase with 1.75% plus .25% in administrative cost for a total of 2% interest cost. Council Member McCampbell asked if the 2% interest rate was permanent. The City Manager stated that the City was set at 2% interest rate for the project. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk. Introduced By: Fleming Seconded By: Anderson Motion to Close CARRIED Introduced By: Fleming Seconded By: McCampbell Resolution Taking Additional Action with Respect to a Sewer Revenue Loan and Disbursement Agreement and Authorizing, Approving and Securing the Payment of a $1,000,000 Sewer Revenue Loan and Disbursement Agreement Anticipation Project Note (IFA Interim Loan and Disbursement Agreement) DISCUSSION: Mayor Davidson reminded the viewing audience that the City was mandated by the Iowa DNR to eliminate the Citys combined sewer systems. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk. (VOTE: 4 - AYES) ADOPTED 4. Statement: Consideration of SRF Loan Application Review and Approving an Agreement with the Selected Consultant for Planning and Design, Study and Evaluation of the MASL Sewer Systems COMMENTS: The Public Works Director stated that his department did a request for qualifications in December 2012 for a consultant for planning and design, along with the study and evaluation of the MASL Sewer Systems. He stated that of the three firms, he was recommending the Council approve the agreement with RJN Group, Inc. in the amount of approximately $900,000.00. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk. Introduced By: Fleming Seconded By: Anderson Motion to Close CARRIED Introduced By: Fleming Seconded By: Anderson Resolution Approving Agreement with RJN Group, Inc. for Professional Ser vices Agreement for Sewer Study/Evaluation for Continued Combined Sewer Separation and CSO Elimination, Including MASL (Market, Angular, South and Locust) Drainage Areas, and to Prepare an Action/Recommendation Plan for the Elimination of CSO s in the Basin DISCUSSION: None. (VOTE: 4 - AYES) ADOPTED ORDINANCES: Introduced By: McCampbell Seconded By: Anderson 1. Motion to Amend the Motion for Preliminary Adoption of the Second Readin g of an Ordinance Vacating and Selling a Portion of the Alley Located North of the Property Located at 2400 Kirkwood Street, Burlington, Iowa DISCUSSION: None. (VOTE: 4 - AYES) CARRIED Introduced By: McCampbell Seconded By: Fleming 2. Motion for Waiver of Preliminary Consideration and Adoption of the Secon d Reading and for Final Adoption of an Ordinance Vacating and Selling a Portion of the Alley Located North of the Property Located at 2400 Kirkwood Street, Burlington, Iowa DISCUSSION: None. (VOTE: 4 - AYES) CARRIED Introduced By: McCampbell Seconded By: Fleming 3. Motion to Amend the Motion for Preliminary Adoption of the Second Readin g of an Ordinance Vacating and Selling a Portion of the Alley Located North of the Property Located at 2112 South 3rd Street, Burlington, Iowa DISCUSSION: None. (VOTE: 4 - AYES) CARRIED Introduced By: McCampbell Seconded By: Anderson 4. Motion for Waiver of Preliminary Consideration and Adoption of the Secon d Reading and for Final Adoption of an Ordinance Vacating and Selling a Portion of the Alley Located North of the Property Located at 2112 South 3rd Street, Burlington, Iowa DISCUSSION: None. (VOTE: 4 - AYES) CARRIED Introduced By: McCampbell Seconded By: Anderson 5. Motion to Amend the Motion for Preliminary Adoption of the Second Readin g of an Ordinance Amending Various Sections of Chapter 154, Residential Code of the City of Burlington Municipal Code DISCUSSION: None. (VOTE: 4 - AYES) CARRIED Introduced By: McCampbell Seconded By: Fleming 6. Motion for Waiver of Preliminary Consideration and Adoption of the Secon d Reading and for Final Adoption of an Ordinance Amending Various Sections of Chapter 154, Residential Code of the City of Burlington Municipal Code DISCUSSION: None. (VOTE: 4 - AYES) CARRIED RESOLUTIONS: Introduced By: McCampbell Seconded By: Fleming 1. Resolution Adopting the Form of Questions to Submit to the Voters Within the City of Burlington for Approval of the Collection of Gas and Electric Franchise Fees from the Revenues of Interstate Power and Light Company DISCUSSION: The City Manager stated that the City received two petitions requesting a special election to vote on to extend or renew the Citys gas franchise agreement with Interstate Power and Light Company, and establish a franchise fee equal to three percent (3%) of the Companys gas gross revenues pursuant to Section 364.2 of the Code of Iowa and to extend or renew the City s electric franchise agreement with Interstate Power and Light Company, and establish a franchise fee equal to three percent (3%) of the Companys electri c gross revenues pursuant to the provisions of Section 364.2 of the Code of Iowa. He stated that there would be two separate questions on the ballot. He further read both questions that will be on the ballot for the Council and the viewing audience.
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